On December 27, in an unpublished decision, 2011 the Michigan Court of Appeals decided a case involving Leon Walker's unauthorized access of his wife Clara Walker's password-protected email account. Leon Walker does (or did) work for the Oakland County Information Technology Department maintaining and setting up computers. Following the preliminary hearing, the district court bound Leon over on two charges, one a violation of MCL 752.795, which prohibits fraudulent access to computers, computer systems, computer programs, and computer networks.
The district court found that Clara did not share her computer password with defendant, and defendant did not ask Clara for her information. The trial court said: “Gmail allows a user to create a password which creates an expectation of privacy and creates security for the user. It’s the user that decides who can have access to the information inside of the computer account, which in this case is like a vault.”